5 Alabama opinions name it 1 courts 1994–2002 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Allied-Bruce Terminix Cos., Inc. v. Dobsongreen2 sentences2002Section 8-1-41(3), Ala.Code 1975, prohibits specific enforcement of `[a]n agreement to submit a controversy to arbitration.' However, § 2 of the FAA, 9 U.S.C. § 2 , provides: "`A written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.' "This Court has recognized that under this section the FAA preempts conflicting state law where an arbitrati 2002Section 8-1-41(3), Ala.Code 1975, prohibits specific enforcement of `[a]n agreement to submit a controversy to arbitration.' However, § 2 of the FAA, 9 U.S.C. § 2 , provides: "`A written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.' "This Court has recognized that under this section the FAA preempts conflicting state law where an arbitrati | 1 | 1 |
Swanson v. Greengreen1 sentence2001Since the closing has occurred and the property has been conveyed by warranty deed, that "contract becomes `functus officio' and the deed becomes the sole memorial of the parties' agreement." Swanson v. Green, 572 So.2d 1246, 1248 (Ala.1990)(footnote omitted). | 1 | 1 |
cluster 478020green1 sentence1994Joseph Co. , 803 F.2d at 400 ('the enforceability of an arbitration clause is a question for the court when one party denies the existence of a contract with the other'); Cancanon v. Smith Barney, Harris Upham Co. , 805 F.2d 998 (11th Cir. 1986) (defense of fraud in the factum is not arbitrable). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Doctor's Associates, Inc. v. Casarotto
green
2 sentences2002To hold otherwise would run afoul of the rule stated in Doctor’s Associates, Inc. v. Casarotto, 517 U.S. 681 , 116 S.Ct. 1652 , 134 L.Ed.2d 902 (1996), in which the United States Supreme Court held that the FAA preempted a Montana statute that conditioned the enforceability of an arbitration clause on compliance with special notice requirements not applicable to other contracts. 2002To hold otherwise would run afoul of the rule stated in Doctor’s Associates, Inc. v. Casarotto, 517 U.S. 681 , 116 S.Ct. 1652 , 134 L.Ed.2d 902 (1996), in which the United States Supreme Court held that the FAA preempted a Montana statute that conditioned the enforceability of an arbitration clause on compliance with special notice requirements not applicable to other contracts. | 2 | 2002–2002 |
Ex Parte Jones
green
1 sentence2002Section 8-1-41(3), Ala.Code 1975, prohibits specific enforcement of `[a]n agreement to submit a controversy to arbitration.' However, § 2 of the FAA, 9 U.S.C. § 2 , provides: "`A written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.' "This Court has recognized that under this section the FAA preempts conflicting state law where an arbitrati | 1 | 2002–2002 |
Ex Parte Phelps
green
1 sentence2002Section 8-1-41(3), Ala.Code 1975, prohibits specific enforcement of `[a]n agreement to submit a controversy to arbitration.' However, § 2 of the FAA, 9 U.S.C. § 2 , provides: "`A written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.' "This Court has recognized that under this section the FAA preempts conflicting state law where an arbitrati | 1 | 2002–2002 |
Rojas Cancanon v. Smith Barney
green
1 sentence1994Joseph Co. , 803 F.2d at 400 ('the enforceability of an arbitration clause is a question for the court when one party denies the existence of a contract with the other'); Cancanon v. Smith Barney, Harris Upham Co. , 805 F.2d 998 (11th Cir. 1986) (defense of fraud in the factum is not arbitrable). | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.